Florida Keys National Marine Sanctuary: Water Quality Protection Program Statutory and Regulatory Requirements Monroe County BOCC Canal Restoration Workshop April 11, 2016 Sean Morton, Superintendent Florida Keys National Marine Sanctuary Presenter: Sean Morton  Sanctuary Superintendent  Florida Keys National Marine Sanctuary  National Oceanic and Atmospheric Administration  33 East Quay Road  Key West, Florida 33040  305-809-4700 x233  http://floridakeys.noaa.gov  sean.morton@noaa.gov

Florida Keys National Marine Sanctuary Cooperatively Managed with State of Florida 1990 - Congress passed Florida Keys National Marine Sanctuary Protection Act 1997 - Management Plan, Zoning Scheme, and Regulations Implemented 2001 - Tortugas Ecological Reserve added The Florida Keys National Marine Sanctuary is a State / Federal Partnership going back almost 40 years since the designation of the Key Largo National Marine Sanctuary in 1975. In 1981, the Looe Key National Marine Sanctuary was also designated and continued the State / Federal management arrangement. The major milestones for the Florida Keys National Marine Sanctuary are the passage of the Florida Keys National Marine Sanctuary and Protection Act in 1990. In 1997, the Final Management Plan was approved by the State of Florida and NOAA and since then the only significant change in regulations and boundaries has been the addition of the Tortugas Ecological Reserve in 2001. Since 1997, there has not been a review of the FKNMS zoning plan and regulations by NOAA and the State of Florida. That is the process we are undertaking now and refer to as the Marine Zoning and Regulatory Review. Background: Florida Keys National Marine Sanctuary is one of the largest marine protected areas in the United States, encompassing 2,896 square nautical miles (9,933 square kilometers). It was designated by Congress and exists under federal law, and became effective in state waters with the consent of the state of Florida. The sanctuary helps protect more than 6,000 species of marine life, including the nation's only bank-barrier coral reef that lies adjacent to the continent, and one of the largest seagrass communities in this hemisphere.

Working to Protect All of Florida Keys Marine Resources Coastal Mangroves Seagrass Beds Coral Reef Ecosystem And… all coastal waterways including every canal in Monroe County… 3

2011 FKNMS Condition Report: Foundation for Regulatory and Zoning Changes History of discharges, coastal development, habitat loss, and over exploitation of large fish and keystone species Poaching, vessel groundings and discharging of marine debris Can be improved with long term management efforts, regulatory compliance and community help! Read me at: www. floridakeys.noaa.gov In 2011, FKNMS released the Condition Report which is a precursor to the review of management plans and regulations for national marine sanctuaries. This report analyzed ecosystem conditions, pressures, trends, and importantly the management responses. Over 40 scientists collaborated on development, editing, and peer review of the document including FWC / FWRI scientists coordinated through the Marathon office of FWRI. Background: A historical perspective of sanctuary biodiversity suggests that the populations of many higher-trophic-level species, such as marine mammals and predatory fishes, were dramatically reduced by hunting and fishing prior to the sanctuary's designation. Today, pressures on the resources include commercial and recreational fishing, disturbances to wildlife, coastal development, harmful algal blooms, marine debris, vessel groundings, the introduction of non-indigenous species, and vessel traffic. Human-driven factors such as climate change, sea level rise and ocean acidification are large-scale issues that may also affect sanctuary resources.

‘State’ of Water Quality STATUS: GOOD GOOD/ FAIR FAIR/ POOR UNDETERMINED TRENDS: Improving ……… ▲ Not Changing ..... ▬ Undetermined .........…………........ ? Declining ……. ▼ Not applicable …………................. N/A Question Status and Trends Basis for Judgment Stressors ▼ Large-scale changes in flushing dynamics over many decades have altered many aspects of water quality; nearshore problems related to runoff and other watershed stressors; localized problems related to infrastructure. Eutrophic Condition ▬ Long-term increase in inputs from land; large, persistent phytoplankton bloom events, many of which originate outside the sanctuary but enter and injure sanctuary resources. Human Health Rating is a general assessment of “all waters” of the sanctuary, knowing that in very specific locations, the rating could be as low as “poor.” Increased frequency of HABs and periodic swim advisories. Human Activities ▲ Historically, destructive activities have been widespread throughout the Florida Keys, but many recent management actions are intended to reduce threats to water quality. Canal Water Quality is a driver of the fair/poor status and therefore a top priority for improvement.

Florida Keys National Marine Sanctuary and Protection Act – 1990 (Public Law 101-605) Congressional finding #9: The Federal Government and State of Florida should jointly develop comprehensive program to reduce pollution and restore water quality…. Section 8 (a) Water Quality Protection Program: EPA and State of Florida.. shall develop comprehensive water quality protection program to: Recommend priority corrective actions for point / non-point sources of pollution Assign responsibilities for implementation Provide for public participation

Florida Keys National Marine Sanctuary and Protection Act – 1990 (Public Law 101-605) Congressional finding #9: The Federal Government and State of Florida should jointly develop comprehensive program to reduce pollution and restore water quality…. Section 8 (a) Water Quality Protection Program: EPA and State of Florida.. shall develop comprehensive water quality protection program to: recommend priority corrective actions for point / non-point sources of pollution assign responsibilities for implementation Provide for public participation

Florida Keys National Marine Sanctuary and Protection Act – 1990 (Public Law 101-605) Section 8 (b): Establish Water Quality Protection Program Steering Committee Federal, State and Local Agencies + Citizens Set guidance and policy Biennial Report back to Congress FKNMS Prohibitions (Code of Federal Regulations Title 15 Part 922 Subpart P) Discharge or deposit of any materials or other matter Discharge or deposit of any material from beyond the boundary of the Sanctuary that enters and injures a Sanctuary resource or quality

7.5 Million “Visitor Days” in Marine Recreation: Fishing, Diving, Snorkeling, Wildlife Viewing

Thank You! Websites: http:// floridakeys.noaa.gov http://ocean.floridamarine.org/FKNMS_WQPP/ Social Media: facebook.com/floridakeysnoaagov twitter.com/floridakeysnms Email: Sean.Morton@noaa.gov